IN THE COURT OF APPEAL
AT KISUMU
(Coram: Law, Potter JJA and Hancox Ag JA)
CIVIL APPEAL NO 60 OF 1982
BETWEEN
KENYA COMMERCIAL BANK LTD..................APPELLANT
AND
OSEBE..........................................................................RESPONDENT
JUDGMENT
Hancox Ag JA The respondent to this appeal charged his property at Kisii/Central Kitutu/ Daraja Mbili/681 to the appellant Bank, the Kenya Commercial Bank Ltd, at Kisii, to secure a loan of Kshs 30,000 on April 25, 1978. At that time, the Bank’s own internal valuation of the property, including buildings and crops, was Kshs 93,000 and the buildings themselves were insured with the Phoenix East Africa Assurance Co Ltd against fire for Kshs 70,000, which agreed with the sum shown against the buildings in the Bank’s valuation. Unfortunately, the respondent fell into arrears with his payments and the Bank sent two notices to him, both described as “final”, on April 4 and September 14, 1979 respectively. Those notices expressed the Bank’…